Louisiana Criminal Law: How to Defend Against Robbery and Theft Charges

Understanding Louisiana criminal law is crucial for anyone facing robbery and theft charges. In Louisiana, both robbery and theft are considered serious offenses, but the nature of each offense can vary significantly. Knowing your rights and the defenses available can greatly impact the outcome of your case.

Robbery is defined as the unlawful taking of property from a person or immediate presence by force or intimidation. This can include armed robbery, which involves the use of a weapon. Theft, on the other hand, involves taking someone else's property without their consent, with the intent to permanently deprive them of it.

When defending against robbery and theft charges, there are several strategies that can be employed:

1. Lack of Intent

For a conviction of theft or robbery, the prosecution must prove that the defendant had the intent to permanently take someone else's property. Defendants can argue that there was no intent to steal, perhaps indicating that the property was borrowed or that they believed it was theirs.

2. Mistaken Identity

Mistaken identity is a common defense in robbery and theft cases. If the accused can provide alibi evidence or challenge the credibility of eyewitness accounts, it may create reasonable doubt in the minds of jurors.

3. Coercion or Duress

If a defendant can prove that they were forced to commit the act of robbery or theft under threat of harm, this can be a strong defense. In such cases, the defendant did not have true control over their actions, which can lead to acquittal.

4. Insufficient Evidence

Law enforcement must have substantial evidence to support charges of robbery or theft. A good attorney can challenge the evidence presented, questioning its validity and sufficiency to meet the prosecution's burden of proof.

5. Challenges to Police Procedural Conduct

If law enforcement violated the defendant’s rights during the investigation or arrest, any evidence obtained may be deemed inadmissible in court. This includes illegal searches or failure to provide a proper Miranda warning.

Additionally, understanding the penalties associated with robbery and theft in Louisiana is vital. Penalties can range from fines to significant prison time, particularly if the charges involve armed robbery or the value of the stolen property is substantial.

Anyone facing robbery or theft charges should seek legal counsel immediately. An experienced criminal defense attorney can evaluate the specifics of the case, provide tailored defense strategies, and guide the defendant through the legal process. Being well-informed and proactive in defense strategies can mean the difference between a conviction and an acquittal in the eyes of Louisiana law.